Publication Date: 2019-08-07
Practice Area: Contracts | Fee Disputes
Industry: Manufacturing
Court: Delaware Supreme Court
Judge: Justice Valihura
Attorneys: For plaintiff: Myron T. Steele, Arthur L. Dent, and Andrew H. Sauder, Potter Anderson & Corroon LLP, Wilmington, DE; Steven M. Coren, and David M. DeVito, Kaufman, Coren & Ress, P.C., Philadelphia, PA for appellants
for defendant: David J. Margules, Elizabeth A. Sloan, and Jessica C. Watt, Ballard Spahr LLP, Wilmington, DE; Burt M. Rublin, Ballard Spahr LLP, Philadelphia, PA for appellees
Case Number: D68656
Sales agreement was not subject to restricted activities provision of party's LLC agreement where only required payments fell under the scope of the provision and commission payments in sales agreement were not required since party retained unilateral ability to decide whether to make the payment.